HOW TANA D'VEI MENASHEH LEARNS
Question: If Tana d'Vei Menasheh expounds the verse "Va'Ytzav", he should include Dinim and blasphemy. If he does not expound it, how does he know the other five (which were derived from the verse)?
Answer: He does not expound it. All seven Mitzvos are written elsewhere:
We learn idolatry and Arayos from "va'Tishaches ha'Aretz Lifnei ha'Elokim."
(Tana d'Vei R. Yishmael): 'Hashchasah' always refers to Arayos and idolatry:
It says about Arayos "Ki Hishchis Kol Basar Es Darko";
It says about idolatry "Pen Tashchisun va'Asisem Pesel."
The Tana who learns from "va'Ytzav Hash-m..." says that the Torah merely discusses the generation of the flood. These are not commandments.
We learn murder from "Shofech Dam ha'Adam...";
The other Tana says that this comes to teach about the punishment. The verse continues "...Ba'Adam Damo Yishafech";
We learn theft from "k'Yerek Esev Nosati Lachem Es Kol";
(R. Levi): This permits what is like Yerek Esev (that grows by itself, i.e. Hefker), and not what grows in gardens.
The other Tana says that this comes to permit eating meat (which was forbidden before this).
We learn Ever Min ha'Chai from "Ach Basar b'Nafsho Damo Lo Sochelu";
The other Tana says that this comes to permit Sheratzim (rodents, even before they die).
We learn castration from "Shirtzu va'Aretz u'Rvu Vah";
The other Tana says that this is a blessing, and not a Mitzvah.
We learn Kilayim from "meha'Of l'Minehu";
The other Tana says that the birds (and animals) in the ark were according to their species, for this is the best companionship. We may not derive an Isur of mating diverse species.
WHAT ARE BNEI NOACH KILLED FOR?
(Rav Yosef): A Ben Noach has three Chayavei Misah - Arayos, murder and blasphemy.
Objection (Rav Sheshes): Granted, we learn murder from "Shofech Dam ha'Adam ba'Adam Damo Yishafech". What is the source for the other two?
If you learn from murder, he should be liable for all his Mitzvos!
If they are included because it says "Ish Ish", it says so also regarding idolatry!
(Rav Sheshes): Rather, he has four Chayavei Misah, i.e. these three and idolatry.
Question: He is not killed for idolatry!
(Beraisa): Regarding idolatry, a Nochri is commanded only about things that a Yisrael is killed for.
Inference: He is commanded, but he is not killed for it!
Answer (Rav Nachman bar Yitzchak): Anything a Ben Noach is commanded, he is Chayav Misah if he transgresses it.
(Rav Huna and all Rav's Talmidim): He is Chayav Misah for any of his seven Mitzvos. The Torah taught about one of them, and the same applies to all of them.
Question: He is not killed for theft!
(Beraisa): Regarding robbery, theft, taking a Yafes To'ar (another man's wife in war, which resembles theft) and everything like this:
If a Nochri takes from a Nochri or from a Yisrael, it is forbidden. A Yisrael is permitted to take from a Nochri.
If a Nochri is Chayav Misah for this, it should say so (and not just that he is forbidden)!
Answer: He is Chayav Misah. It says 'forbidden' due to the next clause, a Yisrael is permitted.
Question: Whenever he is liable, the Tana says so!
(Reisha of the Beraisa): If a Nochri kills a Nochri or a Yisrael, he is liable;
If a Yisrael kills a Nochri, he is exempt.
Answer: There, there was no other way to teach!
Suggestion: It could say 'a Nochri is forbidden, and a Yisrael is permitted.'
Rejection (Beraisa): Nochrim and people who graze (their own) small animals (they constantly steal by grazing on others' property): we do not throw them into a pit (to actively kill them), nor do we raise them from a pit to save them. (I.e. it is not permitted to overtly kill Nochrim.)
Question: The Beraisa alludes to a similar case regarding robbery. What is it?
Answer #1 (Rav Acha bar Yakov): This teaches about a worker (eating) in a vineyard.
Question: When is he eating?
If the fruit is finished, he may eat!
If the fruit is not finished, this is fully- fledged theft!
Answer (Rav Papa): (The fruit is not finished.) The case is, he eats less than the value of a Perutah.
Question: If so, why is a Nochri forbidden to eat from a Yisrael? A Yisrael pardons less than the value of a Perutah!
Answer: Later, he pardons. Initially, it bothers him.
Objection: When a Nochri eats from a Nochri, since Nochrim do not pardon less than the value of a Perutah, this is fully-fledged theft!
Answer #2 (Rav Acha brei d'Rav Ika): The case is, he withheld wages:
If a Nochri withheld wages from a Nochri or from a Yisrael, it is forbidden. A Yisrael may withhold wages from a Nochri.
Question: What is the case similar to a Yafes To'ar?
Answer (Rav Dimi): If a Nochri had Bi'ah with a female slave designated for a male slave, he is killed. (Rashi - this is like stealing.)
Observation: The Tana did not say that there is a similar case regarding murder.
(Abaye): If one finds a Beraisa teaching such a case, it is R. Yonason ben Sha'ul.
(Beraisa - R. Yonason ben Sha'ul): If Reuven was chasing Shimon (to kill him), and Shimon could have stopped him by maiming one of his limbs, but he instead killed him, Shimon is (Rambam - worthy of being) killed for this.
CONDEMNING A BEN NOACH
(R. Yakov bar Acha - Sefer Agadata): A Ben Noach can be sentenced to death by one judge, based on one witness, without warning;
The judge (or witness) cannot be a woman. He can be a relative.
(R. Yishmael): A Ben Noach is killed for killing a fetus.
Question: What is the source of R. Yakov's law?
Answer (Rav Yehudah): "Ach Es Dimchem l'Nafshoseichem Edrosh (singular)", even through one judge. (I will punish) "mi'Yad Kol Chayah" - without warning. "Edreshenu umi'Yad ha'Adam", through one witness; "mi'Yad Ish", but not through a woman; "Achiv", even through a relative.
Question: What is the source of R. Yishmael's law?
Answer: "Shofech Dam ha'Adam ba'Adam Damo Yishafech" - the case of a person in a person is a fetus.
The first Tana holds like Tana d'Vei Menasheh, who says that a Ben Noach is always choked;
He expounds "ba'Adam Damo Yishafech" - his blood will remain inside his body, i.e. he will be choked.
Question (Rav Hamnuna): Is it really true that a Bas Noach is not commanded about Dinim?! (We said that she cannot be a judge or witness.)
It says "(Avraham)... Yetzaveh (Es Banav v'Es Beiso, his sons and daughters)"!
Answer (Rav Hamnuna): He will command his sons about laws, and his daughters about Tzedakah.
Question (Rav Avya Sava): (If "mi'Yad Ish" excludes women, we should say that Hash-m will not punish a woman murderer.) If a Bas Noach killed, is she exempt?!
Answer (Rav Papa): Rav Yehudah taught that "Shofech Dam ha'Adam..." teaches that the murderer is always killed (even if it is a woman).
Question (Rav Avya Sava): "Al Ken Ya'azov Ish (...v'Dovak b'Ishto)" - if a Bas Noach was Mezanah, is she exempt?!
Answer (Rav Papa): Rav Yehudah taught that "v'Hayu l'Basar Echad" equates men and women (for Arayos).
WHICH ARAYOS APPLY TO NOCHRIM?
(Beraisa): "Ish Ish (...Lo Sikrevu Legalos Ervah)" includes Nochrim (they are commanded about Arayos).
Question: We expounded "Leimor" to teach (that Nochrim are commanded) about Arayos!
Answer: This teaches about their Arayos. "Ish Ish" teaches about ours.
(Seifa): If a Nochri had Bi'ah with Arayos of Yisrael, he is judged according to laws of Yisrael.
Question: How does this make a difference?
Answer #1 (Rav Nachman): We need 23 judges, two witnesses and warning to convict him.
Objection: It is unreasonable to say that it is harder to convict him for our Arayos than for theirs!
Answer #2 (R. Yochanan): This teaches about a Na'arah Me'orasah, which does not apply to them (therefore, he is stoned, according to our law).
Question (Beraisa): If a Nochri had Bi'ah with a Na'arah Me'orasah, he is stoned. If he had Bi'ah with a married woman (Nesu'ah), he is choked.
Since Nesu'ah applies to Nochrim, he should receive his usual death, beheading!
Answer #1 (Rav Nachman bar Yitzchak): When the Beraisa discusses a married woman, it refers to a woman who had Chupah but did not yet have Bi'ah with her husband;
Since this does not apply to Nochrim, he receives the law of Yisrael, choking.
(R. Chanina): Be'ulas Ba'al (a Nochris who had Bi'ah with her husband) applies to Nochrim. A Nochris who had Chupah but did not yet have Bi'ah with her husband is still considered single.
Support (for R. Yochanan - Beraisa #1 - R. Meir): A Nochri is commanded only about the Arayos that a Yisrael is killed for;
Chachamim say, he is commanded about many Arayos (Gra's text - an Ervah) that Yisraelim are not killed for;
If he had Bi'ah with Arayos of Yisrael (a married Yisraelis), he is judged by laws of Yisrael. If he had Bi'ah with Arayos of Nochrim (a Nochris), he is judged by laws of Nochrim.
The only case (in which it makes a difference) is a Na'arah Me'orasah. (We stone for Bi'ah with a Yisraelis Na'arah Me'urasah.)
Question: Why doesn't it also list a woman who had Chupah but did not yet have Bi'ah with her husband?
Answer: The Tana holds like Tana d'Vei Menasheh, who says that a Ben Noach is always choked. It makes no difference whether he is judged by our law or theirs.